Cox v. Simmerman

Opinion of the Court by

Judge Stixes

Reversing.

A detailed statement of the allegations of fact giving rise to the controversy upon this appeal may be found in the opinion of this court in the case of Cox v. Simmerman, 243 Ky. 474, 48 S. W. (2d) 1078. Suit was there filed in Ohio county, and a demurrer was sustained to the petition after it had been amended three times. ' In the opinion above referred to, we affirmed the judgment of the trial court in dismissing the petition. Thereafter a second suit on the same alleged cause of action was filed in McLean county, and a demurrer was sustained to…